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71 Comments
- SoopaflySAM, on 07/15/2008, -1/+29Tiffany, next time make sure you sue the people who sell fake jewelry instead of the sevices.
- wezults, on 07/15/2008, -2/+27PRECEDENT.. I'm usually not much of a spelling nazi but that one hurt to look at...
And yes, these companies will have to work harder to police the internets to protect their brand now that the burden is on them. - inactive, on 07/15/2008, -3/+16Tiffany CO should've thrown in the towel a long time ago.
- haikuFU, on 07/15/2008, -1/+13It is a good thing. If the ruling had gone the other way, then sites like Craigslist would be responsible for inspecting every ad on their site to ensure people weren't selling counterfeit items.
Ebay is no different from the classified section in the newspaper, and it's certainly not reasonable to think that a newspaper is going to investigate every ad to make sure there is no counterfeiting going on. Tiffany already has to protect their trademarks elsewhere (street corners, canal street, etc), this was nothing but a case of them trying to pass the burden of it to someone else. - inactive, on 07/15/2008, -6/+18Looks like no breakfast at Tiffany's after this loss.
- Murdats, on 07/15/2008, -0/+9it does.
- jts10, on 07/15/2008, -1/+9Tiffany can add something on their site that says that they do not sell items on eBay. If people are thinking about buying Tiffany products on eBay they should be aware that it could be counterfeit. That $13k necklace you just bought for $17... good chance it doesn't contain precious jems and/or metals.
- Exbzurq, on 07/15/2008, -0/+7If I had to take a guess, it's because youtube actually hosts the content while ebay only advertises the sales. It's a very fine line but cases like this help define it.
- dagr8tim, on 07/15/2008, -5/+12If Google has to police youtube for illegal content, why shouldn't Ebay have to police it's self for illegal content?
- inactive, on 07/15/2008, -3/+9eBay Vs Tiffany Co. ....wow!
- sonnysavage, on 07/15/2008, -0/+6FUGLY
- jts10, on 07/15/2008, -1/+7Google has to police youtube because the content is hosted on their servers. People upload the illegal content to youtube and youtube is playing it for you.
eBay never sees the actual content. They may host a picture but they never will be able to inspect all the crap that gets sold. - thedogfatherx, on 07/15/2008, -2/+8I agree but I those laws are as stupid as they get. It shouldn't be youtubes duty on monitor their site for "users" submission of copyrighted material. I really disagree with that. I also don't think it's ebay's job on doing detective work for counterfeit jewlery. People need to take responsibility for themselves.
- DigSomeMore, on 07/15/2008, -2/+7Still no sure way for ebay to keep counterfeits off the net though...
- lpferris, on 07/15/2008, -1/+6I thought you were talking about the teen pop sensation from the 80's. I've got to admit that I'm more than a little disappointed.
- inactive, on 07/15/2008, -3/+8Now there's a waste of good money after bad.
- SkippyDoorknob, on 07/15/2008, -1/+5So she won't be touring malls anymore?
Wait, who are we talking about? - pakruse, on 07/15/2008, -1/+5Trademark != copyright
Buried for incorrect digg submission headline. - besound, on 07/15/2008, -0/+3So this ruling should/would/could have an affect on Viacom vs YouTube?
The judge stated: "it is the trademark owner's burden to police its mark, and companies like eBay cannot be held liable for trademark infringement based solely on their generalized knowledge that trademark infringement might be occurring on their websites." - PintSki, on 07/15/2008, -0/+3so basically, people send you empty envelopes for the stamps on them ???
- WBWB, on 07/15/2008, -1/+3afaik eBay still has negative feedback from buyer to seller, but no longer from seller to buyer. I don't agree with the change because there are plenty of bad buyers out there (see consumerist.com for all the problems one person had trying to sell a laptop on eBay).
I agree it's interesting that eBay lost a similar case in France. It means France is being overprotective of French brands Louis Vuitton and Chanel. I think it's not a coincidence that douche is a French word. - louiebaur, on 07/15/2008, -1/+3Yea totally
- BrotherHero, on 07/15/2008, -0/+2i think we're alone now...
- Ninjapope, on 07/15/2008, -0/+2Those damn ads with the kid with hairlip are really starting to weird me out.
- blackinthmiddle, on 07/15/2008, -1/+3The biggest reason to me is because youtube can tell when something is illegal while eBay has no idea if the seller is selling fake Tiffany items, short of sending someone out to every seller and getting the items authenticated. Diamonds usually have a certification from the Gemological institute, right? Does Tiffany have something like that?
- thedogfatherx, on 07/15/2008, -0/+2True. I also highly highly disagree with those cases involving suing the bar but thats a-whole-nother story.
- centran, on 07/15/2008, -1/+3EBay does police it's self. They have items that are not allowed and it pulls those auctions all the time.
However, determining if an item is fake or not is a little difficult when you don't physically have the item. - centran, on 07/15/2008, -0/+2They can't just pull auctions but maybe have some sort of flagging system where if too many people are suspicious then a big warning comes up at the header of the auction.
- inactive, on 07/15/2008, -0/+2Too bad ebay lost a similar case in France last month and have to pay Louis Vuitton 16 million Euro.
- blackinthmiddle, on 07/15/2008, -1/+2The best way is probably the features they already have. When I see someone's been doing business since 2001 and has a 99% approval rating, I'm going to naturally be more trusting than the guy that's new and doesn't have many positive comments.
- thedogfatherx, on 07/15/2008, -3/+4I totally agree with you. It's not ebays fault. It blows my mind how long this case took.
- mistergoomba, on 07/15/2008, -2/+3i think we're alone now...
- blackinthmiddle, on 07/15/2008, -1/+2Which is all the more reason why I don't understand why they removed the ability to submit negative feedback. To me, that was the best tool. I'd rather buy from someone that's been an eBay seller for 10 years and has a 98% rating than a guy who's had an account for two months and already has multiple complaints.
Imagine trying to buy something from a seller and 40% of the people over the last 12 months complained of counterfeit merchandise? Sure, he can open up a new account under a different name. Again, however, I'll always trust the guy who's been around for ten years over the new guy with no track record. I *really* think eBay made a mistake by getting rid of the negative feedback option. - diblasio, on 07/15/2008, -1/+2There doesn't seem to be anyone around...
- brstilson, on 07/15/2008, -1/+2Good. Tiffany's lawsuit is like suing the government because 1 crime was committed.
- manuindia23, on 08/25/2009, -0/+1Nice Tiffany
Visit Now:
http://www.landpower.co.in/index.php - TokaStyle, on 07/15/2008, -0/+1They should go after tradekey.com There's more coutnerfit stuff there than Chinatown. They even have fake honda motorcycles and ATV's
- brbubba, on 07/15/2008, -1/+2Another sign that Ebay has their head so far up their asses that they don't know up from down. I wish someone would come along already and create a major competitor to these d-bags.
- blackinthmiddle, on 07/15/2008, -2/+3While I agree with you, I'm not sure just how cut and dry it is. When someone drinks at a bar, gets in a car and mows down a few people, those family members sue the bar that sold the drinks and courts rule in their favor all the time. The case usually comes down to "how drunk did the guy look" and if he look plastered, why did the bartender serve another drink. I guess Tiffany could accuse eBay of knowing the seller was selling fake jewelry. Seems impossible for eBay to know, but if they could somehow prove that eBay knew that the seller sold fake Tiffany stuff in the past, it might not be so cut and dry then.
- inactive, on 07/15/2008, -0/+1People mark my words...Ebay will go down within 5-8 yrs. Why do I say that even though I have no phds in Statistics and Economics? Well Ebay has no "real" customer support even though it is making a lot of money from its customers. I wrote to them (customer support) and the reply came back after 5-7 days (I guess they were too busy). Someone sends you a defective POS from Hong Kong, there are 30% chance (nothing against HK) and you can't return it because if you do, your return shipping would cost double the POS's price. If you contact Ebay they will indirectly tell u to shove that thing in your.... . Ebay won, that's not a good news !
- inactive, on 07/16/2008, -0/+1I wonder if TPB can apply this ruling to them?
- imatif24, on 09/01/2008, -0/+1Nice Tiffany and Bvlgari Jewelry available here for sell online
Visit Now:
http://www.tradekey.com/product_view/id/25096.htm? ... - surfacewound, on 07/15/2008, -0/+1References please?
I've heard about this anecdote before but I've always chalked it up to an urban myth. I've read random articles about lawsuits but never about them (the bar in this case) losing. Anyone can sue anyone for almost anything, but that doesn't mean they'll win. - timethief, on 10/30/2008, -0/+1Tiffanys is crying the blues but not for the underpaid workers in the diamond mines, oh no. Like any other corporation they cry crocodile tears.
- o0dhacker0o, on 07/15/2008, -0/+1Ohh...you mean eBay?
- centran, on 07/15/2008, -1/+2I am not a big eBay fan. Every time I use them it is always under the assumption that I will get ripped off.
That being said, I have to side if eBay on this. How the hell do they know it is fake or not? The don't physically have the item. eBay can pull items such as selling a human heart becuase it is blatantly illegal. However, with counterfeits they have no idea if it is fake or not. Even if the auction states that they are selling fake earring (or whatever) it is not eBay responsibilities to police that as it does not fall under a copyright.
Even if they pulled the auctions that blatantly say they are fakes then the sellers will just reword the title and description to get past it. - IncredibleScott, on 07/15/2008, -0/+1EBay isn't liable for what others place on their website nor are they intentionally profiting from the sell of counterfeit goods, they are simply an auction site that enables others to sell regardless of whether or not the item is legit. There simply is no way for the company to prove the items were counterfeit otherwise, unless they have an actual mediator actually look at the items...all millions of items that are posted daily...which they obviously can not do.
Besides, eBay already has security measures and options available to buyers and sellers to prevent things like that from happening. If you bought a Tiffany item for $100 from a seller with 5 feedback in Taiwan and assumed it was authentic because it had a stock photo of the item...well that's your loss.
It's like suing the city that maintains the streets because they didn't do enough to stop the shady guy in the van selling fake Rolex watches rather than suing the seller himself. - PintSki, on 07/15/2008, -0/+1so ebay making a profit on counterfeit goods is ok to you ?
if you did the same thing on the street, selling someone's counterfeit goods for him, and you get caught, you get into trouble, so should ebay period. -
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